Education director sues board for $1M

Education director sues board for $1MJoe Rapai claims he was harassed and discriminated against because of his battle with liver disease.
Education director sues board for $1M
Jane Sims
Sun Media
May 15, 2007

An embattled education director waiting for a liver transplant has filed a $1-million lawsuit against the London District Catholic school board.


RAPAI


WHITEHEAD


A statement of claim filed in London last week on behalf of Joe Rapai claims "discrimination and harassment related to his health condition."

Rapai -- who has advanced liver disease and has been in hospital at least 10 times since October, most recently last week -- was told last October his five-year contract with the board would not be renewed.

"Joe's not well at this point and he is waiting for a transplant," said his London lawyer, Michael Lerner. "It's been a very difficult time for Joe and his family . . . The stress-related component is what's caused the significant and current problem."

But Lerner added Rapai was given clearance by his doctors last fall to assume his full duties.

"The allegations are what they are and I am very confident that we will be able to establish to a court's satisfaction that what we have pleaded is true," Lerner said.

At the time of his termination, Rapai said he was given no reason for the decision.

Rapai went on sick leave Nov. 20. Last month, the board announced it had hired Wilma de Rond, a board superintendent, as his replacement.

None of the allegations stated in the claim has been proven in court.

Rapai claims the board breached his contract and dismissed him without just cause.

While the claim does not name board chairperson Paul Whitehead as a defendant, it specifically points to him, claiming he "verbally harassed and berated Rapai at a public meeting on November 14, 2006."

The claim says Rapai "was subjected to extremely unpleasant working conditions," with Whitehead "involving constant scrutiny and a patronizing attitude."

It says Whitehead "created a poisoned work environment of discrimination, harassment, continuous negative comments and criticism at all times."

Lerner said while Whitehead hasn't been named as a defendant, he could be.

"We may be adding parties, but at this time, he is a representative of the board. In fact he is the chair of the board," he said.

Whitehead said May 14, he wouldn't comment on specifics in the suit, saying those issues are for the civil trial.

"The claims made there are baseless and we're confident that the board will be found without fault on all the matters that have been raised," Whitehead said.

The school board has 20 days to file a statement of defence.

Rapai is claiming $850,000 in damages. His wife and son are each claiming $100,000 plus costs.

Among the allegations, Rapai's statement says the school board overrode Rapai's decisions, reprimanded him for holding news conferences, restricted his ability to communicate with board staff and didn't allow him to attend events as the board's representative.

It claims the board did not reimburse his expenses, colluded with subordinates to undermine his authority and "deliberately and consistently" undermined his ability to direct.

The claim says Rapai's request for leave from his position "was met with attitudes of disbelief about his disability and questions about his credibility."

There were "unfounded allegations about his performance, competence and willingness to work," it says.

And, it says, the board wouldn't allow Rapai to return to work "despite medical clearance to do so."

Rapai was told Oct. 25 his contract would be terminated. He tried to continue working, but "as a direct result of the circumstances of his employment" he wasn't able to continue, the claim says.

The claim also says Rapai's reputation has been tarnished and his dismissal resulted from the board's "attitude of discrimination toward him as a disabled person."

The stress has exacerbated his condition and he has been advised to stay off work until the end of his contract in July.

"He is permanently disabled due to the treatment by (the board)," the claim says.

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JOE RAPAI



Born July 7, 1950


Emigrated to Canada at age six after his family slipped across the Hungarian border to flee the Soviet invasion.


Settled in the Delhi tobacco belt


Taught in London Catholic schools from 1971 to 1985, then worked with the education ministry.


Superintendent for the York Region Catholic school board for 10 years beginning in 1988.


Director of the Brant Haldimand Norfolk Catholic board in 1998.


Named director of education for the London District Catholic school board in 2002.


In October 2006, he was told his contract would not be renewed. He went on sick leave the following month.


In 2007, he filed a lawsuit against the board for wrongful dismissal.
Jane Sims is a Free Press justice reporter.